Application Receipt Date: 061113	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 050816
Discharge Received:     Date: 050919   
Chapter: 14    AR: 635-200
Reason: Misconduct-Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: HHC/2-327th Infantry Regiment, 101st Airborne Division (Air Assault), Fort Campbell, KY  42223-5814 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040914, failed to go to his appointed place of duty (030219), disobeyed a lawful order from a SFC x 2, (030607), (040429), disobeyed a lawful order from a SSG (040426), dishonorably failed to pay just debt x 2, in the amount of $357.00 and $326.00 to AAFES (040601), failed to go to his appointed place of duty (040707), dishonorably failed to pay just debt to in the amount of $387.35 to Til Payday (040714) and without authority go from his appointed place of duty (040717), (Field Grade)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  730812  
Current ENL Date: Reenl/031001    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 11 Mos, 19 Days ?????
Total Service:  13 Yrs, 8 Mos, 19 Days ?????
Previous Discharges: USAR-911231-930217/NA
                                      RA-930218-970324/HD
                                      RA-970325-010618/HD
                                      RA-010619-030930/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 91W1P Health Care Specialist   GT: 99   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030301-040212)
Decorations/Awards: NDSM, SWASMDL, GWOTSM,
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 16 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (you received a Field Grade Article 15 for failure to report, disobeying a lawful order from a noncommissioned officer, failure to pay just debt, disrespectful towards a superior commissioned officer, disobeyed a command, used provoking speeches and gestures, failed to return from leave at your scheduled time, and disrespectful to your noncommissioned officer), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  The separation approving authority documentation directing the applicant's discharge from the Army with a characterization of service of general, under honorable conditions, is not part of the available record and the analyst is presumed Government regularity in the discharge process.  
      
      
      

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 March 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable.  The Board found that the overall length and quality of the applicant’s service, to include his combat service, and the circumstances surrounding the discharge mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  

 Furthermore, the Board found that the narrative reason for discharge was inequitable.  Regulations currently in effect list the reason for the applicant’s discharge as misconduct.  Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct.  Except for the foregoing modification to the applicant's reason for separation, the Board found the reason for separation both proper and equitable.  














Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: current standards "Misconduct" under the provisions of Chapter 14, AR 635-200
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016041

Applicant Name:  Mr.        
______________________________________________________________________


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